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Approval of The New Labor Law

The dynamics of social relations have evolved at a rapid rate in recent times.

Along with environmental changes, epidemics and the evolution of technology, the responses to these challenges have led to new ways of looking at these realities and, as a result, it has led to new models and formats for labour relations.

After several years of hesitation, progress and setbacks, as well as the social dynamics that filled the world, a new law was recently approved, Law 13/2023 of the 25th of August, the Labour Law.

The following have been made subject to the written form: employment contracts on commission, work at home contracts, manual labour construction contract, temporary work, labour brokering employment contract, intermittent work contracts and teleworking.

The probationary period regime has undergone changes, as has the establishment of legal consequences for the use of legally prohibited means of obtaining evidence.

Moreover, paternity leave of seven days has been established in the event of the birth of a child and 60 days in the event of the death or incapacity of the parent.

The system for hiring foreign workers for non-profit organisations was strengthened, as well as the system for multiple employers and multi-employment.

The legal regime for intermittent work contracts and teleworking was introduced, and working hours were established on an alternating basis.

The system for suspending employment contracts due to force majeure and unforeseeable circumstances has been established.

A wide range of rights and duties of those involved in labour relations have been established, strengthened and clarified, such as the compensation system in cases of termination of the employment contract on the employer's initiative with prior notice, the establishment of a justifiable reason for absence in the event of the death of parents-in-law, sons-in-law and daughters-in-law, as well as the suspension of the limitation period during maternity and paternity leave or illness that makes it impossible for the employee to attend work.

This law comes into force on the 21st of February 2024, 180 days after the date of its publication.

Authors

Rui Loforte
Rui Loforte
Partner
Labor and Intellectual Property
Maputo